ABDUL REHMAN Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARANCHAL
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(1.) Sayeed son of Saddiq resident of village Bhagwanpur, tehsil Roorkee, district Haridwar lodged a complaint (Ext Ka-1) in PS Bhagwanpur that his nephew Mustaqeem son of Waheed went to respond to nature's call on 08.02.2003 in a river. When he reached near the house of Adbul Rehaman son of Visarat Ali, resident of Sahaspur at around 9:00 pm, residents of mohalla raised an alarm of "thief ! thief !". Abdul Rahman and Shakila wife of Yakoob came running on the spot, they caught hold of Mustqeem and started assaulting him. Abdul Rahman took out a knife and gave a blow of the same on Mustaqeem. Mustaqeem fell on the ground. Zaheer son of Saddiq and Arshad son of Sharif, both residents of Bhagwanpur came there and saw this incident. Mustaqeem was taken to Government Hospital, Roorkee but he died on way to hospital. After completing the investigation, Investigating Officer submitted charge-sheet against accused persons. They were put to trial before the Court of Sessions. Prosecution succeeded in bringing home the guilt against the accused persons. Appellant Abdul Rehman and co-accused Smt. Shakila were convicted of the offence punishable under Section 302 IPC read with Section 34 IPC. Both were awarded imprisonment for life. Both were also sentenced to pay a fine of Rs. 5000/- each and in default of payment of the same, they were further directed to undergo one year's rigorous imprisonment. Accused appellant Abdul Rehman was also convicted for the offence punishable under Section 25/4 Arms Act. He was sentenced to undergo one year's rigorous imprisonment under Arms Act. Both the sentences were directed to run concurrently.
(2.) Aggrieved against the aforesaid orders, both the accused namely Abdul Rehman and Smt. Shakila preferred criminal appeals. Since only an appeal of convict Abdul Rehman came before us, therefore we are proceeding with the case of Abdul Rehman only, who is in Jail.
(3.) Pw 1 Devendra Kumar Agarwal was the scribe who scribbled complaint Ext. Ka-1 on the dictation of Sayeed son of Saddiq.;
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